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Thursday, June 20, 2013

Treasure Chest Thursday - Not California Records?

Editor's note: Today's post was written by Denise Hibsch Richmond.

ADVOCACY ALERT

The Legal Genealogist, Judy G. Russell, wrote an article about access to California government information that may be in danger. Read her article explaining the effect the budget trailer bill could have on genealogists requesting information from cities and counties.

NBC Bay Area posted an updated article that said the threat to public records access may have been averted. Read about it here.

“We all agree that Californians have a right to know and should continue to have prompt access to public records and I support enshrining these protections in California's constitution.”

The bill has been "enrolled" which means that it has passed both legislative houses and has been sent to the Governor for a sign or veto. You can read the complete bill text or just Section 4:

SEC 4.Section 6252.8 is added to the Government Code, to read:

6252.8.(a) Commencing on the effective date of the act adding this section, notwithstanding any other law, any mandates set forth in the following provisions shall not apply to a local agency. Compliance with these provisions shall be at the discretion of the local agency. For local agencies, these provisions represent best practices which they are encouraged, but are not required, to follow:

(1) The requirement in subdivision (c) of Section 6253 that:

(A) Within 10 days from receipt of a request for a copy of records, provide to the person making the request verbal or written notice of the disclosure determination and the reasons for the determination. This activity includes, where applicable:

(i) Drafting, editing, and reviewing a written notice to the person making the request, setting forth the reasons for the determination.

(ii) Obtaining agency head, or his or her designee, approval and signature of a written notice of determination.

(iii) Sending or transmitting the notice to the requestor.

(B) If the 10-day time limit to notify the person making the records request of the disclosure determination is extended due to “unusual circumstances,” as defined by paragraphs (1)through (4), inclusive, of subdivision (c) of Section 6253 of the Government Code, the agency head, or his or her designee, shall provide written notice to the person making the request, setting forth the reasons of the extension and the date on which a determination is expected to be dispatched. This activity includes, where applicable:

(i) Drafting, editing, and reviewing a written notice to the person making the request, setting forth the reasons for the extension of time.

(ii) Obtaining agency head, or his or her designee, approval and signature of the notice of determination or notice of extension.

(iii) Sending or transmitting the notice to the requestor.

(2) Section 6253.1.

(3) Section 6253.9. As on this requirement, the local agency may determine the format of electronic data to be provided in response to a request for information.

(4) Section 6254.3.

(5) Subdivision (b) of Section 6255.

(b) Beginning on January 1, 2014, a local agency that determines that it will not follow these best practices, shall so announce orally at its next regularly scheduled public meeting and annually thereafter at a regularly scheduled public meeting.

Even if the Governor vetoes this bill, consider writing a letter to Governor Brown anyway with a copy to the state legislator in your district to drive home the need to maintain public access to records. Click here to find your legislator.